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HomeMy WebLinkAbout01 - Minutes - 10-4-05 & 10-11-05City Council Meeting October 25, 2005 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting October 4, 2005 — 7:00 p.m A. ROLL CALL DRAFT Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols B. PLEDGE OF ALLEGIANCE - Council Member Nichols INVOCATION - City Manager Bludau C. CONTINUED BUSINESS Assistant City Manager Wood reviewed the schedule of the general plan update meetings for the City Council and the Planning Commission. There was a general consensus by the Council Members to condense the meetings when possible, or combine the general plan meetings with regularly scheduled City Council meetings and Study Sessions. 1. GENERAL PLAN UPDATE - REVIEW DRAFT GOALS AND POLICIES FOR THE HISTORICAL RESOURCES ELEMENT. 1681100 -2005] Woodie Tescher, EIP Associates, began his PowerPoint presentation by providing the definitions of goals and policies, and explaining the difference between the two. He noted the staff report distributed prior to the meeting, which provided the recommendations of the General Plan Advisory Committee (GPAC). Mr. Tescher provided background information on the historic resources element. Goal Hl of the element recognizes and protects historically significant landmarks, sites and structures. Assistant City Manager Wood stated that GPAC added Policy HLI, which would create a historical resources preservation master plan. The Planning Commission did not agree. The Planning Commission did agree with the language change recommended by GPAC to Policy H1.2 regarding preservation of historical structures. Discussion followed regarding the National Register of Historic Places, the list of California Historical Landmarks and the Newport Beach Register of Historical Property. The Council Members agreed with the Planning Commission that Policy Hl.l did not need to be added, and felt that a statement regarding photo documentation should be included. City Attorney Clauson reminded the Council Members that the City already has a document that identifies landmarks and there is also a Council policy that addresses historical properties. She stated that the historical resources element is an optional element but if it is added to the general plan, it would have the same mandate and importance as the other elements. It was the consensus of the Council Volume 57 - Page 431 City of Newport Beach City Council Minutes October 4, 2005 Members that the historical resources in the City are adequately protected and that the element does not need to be added to the general plan. Gay Wassell-Kelly, Chair of the Centennial Heritage Subcommittee, provided information on some of the historical landmarks in the community. She complimented the work being done by the Historical Society, and offered the assistance of the subcommittee. Mayor Pro Tem Webb agreed that the City could work with the community volunteer groups. 2. GENERAL PLAN UPDATE - REVIEW DRAFT GOALS AND POLICIES FOR THE ARTS AND CULTURAL RESOURCES ELEMENT. [68 1100 -2005] Mr. Tescher displayed background information on the arts and cultural resources element, and stated that GPAC made a number of changes. Assistant City Manager Wood stated that the Planning Commission agreed with GPAC's changes to Policy CA1.3., did not agree with the changes to Policy CA1.1, and reworded Policy CA1.2 to encourage private project artwork. Additionally, the Planning Commission added a goal and policies addressing the City's library services. Mr. Tescher stated that neither GPAC or the Planning Commission made any changes to Goal CA2, provision of physical facilities. GPAC added Policy CA3.5 to Goal CA3, which deals with funding. The Planning Commission had no recommendation for the City Council regarding the addition of this policy. Council Member Ridgeway noted that the element is optional and expressed his support for adding it to the general plan. He agreed with the recommendations of the Planning Commission to encourage public and private artwork. Council Member Daigle agreed that the element should be added to the general plan, and agreed with the stronger language recommended by GPAC. Council Member Selich stated that optional elements should be given considerable consideration before adding them to the general plan. Assistant City Manager Wood stated that there are two existing Council policies addressing culture and arts in the City. Kirwan Rockefeller, Chairman of the City Arts Commission, suggested that the City Arts Commission be given the opportunity to research the possibility of a public art component in the City. It was the consensus of the Council Members that the element should not be added to the general plan at this time and that the City Arts Commission be given the opportunity to do the suggested research. A policy will most likely be considered at a later date. 3. GENERAL PLAN UPDATE - REVIEW DRAFT GOALS AND POLICIES FOR THE PUBLIC SAFETY ELEMENT. [681100 - 20051 Mr. Tescher displayed background information on the safety element. Goal S1 deals with coastal hazards. The Planning Commission recommended that Policy 51.4, which was deleted by GPAC, be moved to Goal S9, disaster preparedness. The Planning Commission also recommended that Policy 51.9, which was deleted by GPAC, be retained. Volume 57 - Page 432 City of Newport Beach City Council Minutes October 4, 2005 Several Council Members questioned the use of the word "deploy" in Policy 51.3. Mr. Tescher confirmed that the policies in the public safety element are in the Local Coastal Plan (LCP), and Planning Director Temple stated that staff could make minor adjustments that don't affect intent. Fire Chief Riley described situations when an early warning system could be utilized. Mr. Tescher displayed Goal S2 regarding storm surges and seicbes. The Planning Commission agreed with GPAC to delete Policy 52.8 and modify Policy 52.7. Council Member Rosansky disagreed with Policy S2.4 and the encouragement to use sand dunes. After a brief discussion, Assistant City Manager Wood suggested that the wording be changed to encourage the protection of existing sand dunes. City Attorney Clauson confirmed that staff can make a change to the language to address Council Member Rosansky's concern and and keep the policy consistent with the language in the LCP. Mr. Tescher displayed Goal S3, which addresses coastal erosion. The Planning Commission did not agree with the changes recommended by GPAC to the title of the goal or the deletion of Policy 53.7. The Planning Commission did agree with the changes made by GPAC to Policies 53.10 and 53.11. There was a general consensus by the Council Members to support the recommendations of the Planning Commission. Mr. Teacher displayed Goal S4 regarding seismic and geologic hazards. He stated that GPAC removed several of the policies. The Planning Commission agreed that Policy 54.1 should be deleted, but did not agree with the other deletions. Mr. Tescher suggested that "prohibit" be changed to "regulate" in Policies 54.5 and 54.6. Fire Chief Riley provided additional information on the location of essential facilities, and agreed with the use of the word "regulate ". He did not agree with GPAC's recommendation to change the word "ensure" to "encourage" in Policy 54.7. The Council Members agreed with the recommendations of the Fire Chief and those of the Planning Commission. Mr. Tescher displayed Goal S5 dealing with flood hazards and stated that the Planning Commission agreed with the change by GPAC to Policy 55.1, moved Policy 55.2 to Goal S9 and agreed to delete reference to the 500 -year floodplain. Assistant City Manager Wood stated that the Planning Commission also recommended that a policy regarding tidal gates be added. The Council Members disagreed with the last recommendation, but agreed with the others. Mr. Tescher displayed Goal S6, which addresses fire hazards. The Planning Commission recommended that Policy 56.1 be moved to Goal S9. GPAC recommended that Policy 56.10 be deleted. The Planning Commission disagreed. Fire Chief Riley stated that it was essential to keep some of the language in Policy 56.8, and felt that "regular" inspections might be more appropriate than "annual" inspections: There was a general consensus by the Council Members to delete Policy 56.10. Mr. Tescher displayed Goal S7, which addresses hazardous materials. He reported that there were no substantial changes by GPAC. The Planning Commission, recommended that a policy be added to consider the appropriateness of other methane districts, such as landfills. The Council Members did not agree with the Volume 57 - Page 493 City of Newport Beach City Council Minutes October 4, 2005 recommendation Mr. Tescher displayed Goal S8 dealing with aviation hazards. He reported that the Planning Commission agreed with the recommendation of GPAC to delete Policies 58.4 and 58.5, since they would be covered in Goal S9. Fire Chief Riley suggested that the same be done with Policy S8.1. The Council Members agreed. Mr. Teacher reported that the Planning Commission questioned the change in the language to Policy 58.8 and expressed concern that it might not give the City enough flexibility to negotiate with the airport in the future. After a brief discussion, it was decided that Policy S8.8 should be deleted from Goal S8, and that the language should be revised by the City Attorney and included in the land use element of the general plan. Council Member Daigle expressed concern over the wording of the goal and the implication to reduce housing. After a brief discussion, it was decided that the wording should be changed to deal directly with safety issues. Mr. Teacher stated that Goal S9, the emergency response section, will be modified to include the policies discussed throughout the meeting. The Planning Commission recommended the addition of some language to the goal and Policy S9.6. The Council Members agreed with the recommendations. D. PUBLIC COMMENTS -None E. MOTION FOR RECONSIDERATION - None F. ADJOURNMENT - at 9:35 p.m The agenda for the Adjourned Regular Meeting was posted on September 28, 2005, at 3:30 p.m. on the City Hall Bulletin Board located outside the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 434 CITY OF NEWPORT BEACH City Council Minutes Study Session October 11, 2005 - 4:00 p.m ROLL CALL Council Member Ridgeway called the meeting to order at 4:15 p.m. Present: Council Member Selich, Council Member Rosansky ember Ridgeway, Council Member Daigle, Council Member Nichols Excused: Mayor Pro Tem Webb, Mayor Heffernan CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE 2. RDA FORMATION /AUTHO Y AND SA ANA HEIGHTS PROJECT FUNDING [100- 2005'. Council Member Ridgeway note tha a of interest in West Santa Ana Heights. t City M that West Santa Ana Heights is not being a ecifically. Jon Goe , e Carlson uth, provided a PowerPoint presentation to discuss how de t Age (RDA) is established, the plan limits, what RD can do, a or g. He responded to Council questions regarding ocatio nds, lia 'ty, the Project Area Committee (PAC), eminent domain, San nified School District apportionment, terminating the RDA, and repa ty Manag ludau discussed the City's role and noted that no tax increment will ent on a airport which will continue to be part of the County. He emphasized t o would be paying the same amount of property tax whether they were in or not. Pro Tem Webb joined the meeting at 4:27 p.m. Mayor Heffernan joined the meeting at 4:29 p.m. Council Member Rosansky requested that someone find out how long the existing debt goes out. Assistant City Manager Siff displayed a map of the Santa Ana Heights Project Area and discussed the tax increment generation and pending projects in the area. He showed drawings of Mesa View Park and the horse arena project, and highlighted issues for Council. He clarified that "PAC" now stands for Project Advisory Committee. Volume 57 — Page 435 City of Newport Beach Study Session Minutes October 11, 2005 Council Member Daigle requested and received confirmation that the ordinance to form the RDA can include a provision that specifies that the funds are to be used only in Santa Ana Heights without a vote of the people. In response to Dolores Otting's questions, City Manager Bludau reported that the Newport -Mesa Unified School District will not receive funding because they have been made whole and, if the City forms the RDA, it would probably occur sometime next year. Barbara Venezia, Santa Ana Heights PAC Chairperson, discussed their desire to not use eminent domain, continue the PAC's role as the advisory boald, and not use the money outside the RDA project. She added that they want th to take over the RDA, but adopt the specific plan as it is today. 3. DISASTER PREPAREDNESS OVERVIEW BY Fire Chief Riley discussed recent disasters a the City. He displayed a Power Point expectations; the responsibilities ofloca agencies; the City's disaster preparedn ss u and warning options; evacuation procedures, difference between a tsunami tch and a tai emphasized the need for w ty preF % questions relative to the roles De community notification, and t ` discussed possibl preparedness Educator. sugg plans in of WN Council Me in to to Mayor H an d. budget ite and PUBLIC COMMENTS mig a rthe id educa ts looking az [100 -2005]. ioi�yilar Mrs could impact sentation to dis the public's men the county, s nd federal T Hazard sis; alerting po ation co iderations, the warning, and future options. He He responded to Council .rt d the Police Department, sas preparedness program. He for the community disaster shaving a Community Preparedness Analysis list and working on action a study session with the Police and Fire and maintaining security during a disaster. the Fire Chief to come back to Council with specific needs, cy issues that are needed for disaster preparedness since its of the City. WIn g presented a newspaper article about Huntington Beach being the Orange County that is rated "Stormlleady" and recommended that the community seminars. Dolores Otting reported a leaking street on Spyglass Hill Road. ADJOURNMENT - at 6:26 p.m. to Closed Session Volume 57 - Page 436 City of Newport Beach Study Session Minutes October 11, 2005 The agenda for the Study Session was posted on October 5, 2005 at 2:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City CIE Recording Secretary Volume 57 - Page 437 CITY OF NEWPORT BEACH City Council Minutes CRAFT Regular Meeting October 11, 2005 — 7:00 p.m STUDY SESSION - 4:00 p.m CLOSED SESSION - 6:30 p.m A. RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle Excused: Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Selich E. INVOCATION - Associate Pastor Patrick Thompson, Presbyterian Church of the Covenant, Costa Mesa Council Member Nichols joined the meeting at 7:16 p.m F. PRESENTATIONS Mayor Heffernan presented a proclamation recognizing Alan Silcock's community service, to Mr. Silcock's wife, Sharon, and his children, Scott and Lisa. City Manager Bludau recognized Seymour Beek, 2005 Citizen of the Year. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION�ACTION OR REPORT (NON - DISCUSSION ITEM): Mayor Pro Tem Webb announced that there are 324 days until the City's 100th birthday and he shared a "centennial moment ". Council Member Ridgeway announced that earlier in the day, a groundbreaking ceremony for the upper back bay dredge program was held at the Muth Interpretive Center. He also provided an update on the lower bay dredge project. Council Member Daigle announced that there would be a community meeting on October 26, 2005, at 6:30 p.m. at the Muth Interpretive Center to discuss the west bay boardwalk and trails. Council Member Nichols requested that an update on the Big Corona beach project be Volume 57 - Page 438 City of Newport Beach City Council Minutes October 11, 2005 agendized for a future Study Session. Mayor Heffernan requested that a future agenda item address the possibility of the general plan update, and either or both of the pending initiatives, being on the November 2006 election. I. CONSENT CALENDAR - Qtems 1 - 9) READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR. MEETING OF SEPTEMBER 27, 2005. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. CODE AMENDMENT NO. 2005 -010 AMENDING CHAPTER 20.66 OF THE NBMC TO INCREASE THE MINIMUM PARKING REQUIREMENT FOR DUPLEXES NOT LOCATED WITHIN THE COASTAL ZONE OR OLD CORONA DEL MAR FROM 1.5 SPACES PER UNIT TO 2.0 SPACES PER UNIT (PA2005 -201) [100- 2005]. Adopt Ordinance No. 2005 -18 amending Chapter 20.66 of the NBMC to increase the minimum parking requirement for duplexes not located within the Coastal Zone or Old Corona del Mar from 1.5 spaces per unit to 2.0 spaces per unit. CONTRACTS AND AGREEMENTS 4. PURCHASE AND INSTALLATION OF SMARTSTATION CALL ALERTING SYSTEMS [100- 2005]. Approve the purchase and installation of WestNet Smart - Station Call Alerting System at Fire Stations 1, 3, 4, 6, and 8 in an amount not to exceed $195,000; and authorize a budget amendment (06BA -020) to transfer $195,000 from the General Fund Paramedic Reserve to account 2320.9300 to fund the purchase and installation of Smart-Station Call Alerting System. 5. BEACH SAND STUDY AND MONITORING PROGRAM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL (C -3790) [381100- 2005]. Approve a professional services agreement with Moffatt & Nichol, of Long Beach, California, for professional engineering services at a contract price of $48,614 and authorize the Mayor and the City Clerk to execute the agreement. 8. MARINERS MILE STREET LIGHTING (C -3814) [381100- 2005]. Request Caltrans, as part of a State safety lighting project on Coast Highway, to upgrade street lighting poles to City standard concrete poles in place of Caltrans standard steel poles; 2) direct staff to finalize a Contribution Agreement with Caltrans for funding and maintenance of the concrete street lighting poles which will be approved by City Council at a Volume 57 - Page 439 City of Newport Beach City Council Minutes October 11, 2005 later date; 3) designate the funding sources for the cost of the street lighting pole upgrades; and 4) use remaining balance of the $65,000 from Mariners Mile CIP project, and appropriate an additional $10,000 from General Fund reserves. MISCELLANEOUS ACTIONS 9. SANTA ANA HEIGHTS UNDERGROUNDING PROJECT - BUDGET AMENDMENT (891100- 2005]. 1) Approve a budget amendment (06BA- 022) appropriating $100,000 for the Utility Undergrounding in Santa Ana Heights that will be funded by the OCDA's Santa Ana Heights Project Area's tax increment revenue and bond proceeds; and 2) authorize the City Manager or the Mayor to enter into one or more agreements with the Orange County Development Agency and/or the County of Orange for design and/or construction work associated with the Utility Undergrounding project in Santa Ana Heights. Motion by Mavor Pro Tern Webb to move affirmative action of the consent calendar, except for those items removed (6 and 7). The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. PUBLIC HEARING 10. APPEAL OF PLANNING DIRECTOR'S USE PERMIT NO. 2005 -041 (PA2005- 186) - 2721 EAST COAST HIGHWAY, SUITE 108 (100- 2005]. Planning Director Temple described the use permit that was applied for and the reasons for approval. Council Member Nichols described the reasons why the use permit application should have been denied. He read comments from those in the area who are opposed to the use permit, and pointed out that the use permit would remain with the building, even under new ownership. He felt that the City's rules should be enforced. Council Member Daigle noted that the City's regulations regarding massage establishments are significant. Motion by Council Member Rideewav to uphold the Planning Director's approval of Use Permit No. 2005 -041. Planning Director Temple provided a brief history on the development of the current regulations and stated that they are not meant to stop people from pursuing legitimate massage therapy establishments. She stated that the regulations allow the Planning Director to waive the 500 -foot location rule for a number of legitimate reasons. She additionally noted that she works with the Police Department and confirmed that there have been no specific identifiable problems with the other massage establishments in the area of the one recently approved. Volume 57 - Page 440 City of Newport Beach City Council Minutes October 11, 2005 Luana Farrar spoke in support of the applicant. Sam Lichenship spoke in support of the applicant. Shannon Byars, the applicant, provided information on her business and clientele, and stated that she has complied with all of the requirements of the City. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols K. PUBLIC COMMENTS John Nelson spoke in opposition to the initiative being circulated by Newporters for Responsible Government, and in support of representative government. Jerry Muller stated that the vast majority of the residents feel that the proposed design of the new City Hall is unsightly, although he did support a new City Hall. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC). Council Member Selich reported that GPUC would be meeting next on October 17, 2005, at 4:00 p.m, at the Central Library. Local Coastal Program Certification Committee. Council Member Ridgeway announced that the Coastal Commission hearing on the local land use plan would be held on October 13, 2005, at 8:00 a.m. in San Diego. Newport Coast Advisory Committee. No report. Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tem Webb reported that work is now being done on the roof of the library. City Centennial 2006 Committee. Mayor Pro Tem Webb announced that the "Let's Do Launch" event on October 2, 2005, was a great community event attended by nearly 12,000 people. He stated that individuals wishing to volunteer for centennial events can obtain information at http: / /www.newportbeach100.com. City Council/ Citizens Ad Hoc Committee for Marina Park Planning. Mayor Pro Tem Webb reported that the Marina Park Planning Committee has completed its task and referred the matter to the City Council. City Council Ad Hoc Marina Park Advisory Committee. No report. Committee sunsetted. M. CONTINUED BUSINESS 11. CODE AMENDMENT NO. 2005 -008 AMENDING TITLE 19 OF THE NBMC RELATED TO MINIMUM PARKING STANDARDS FOR THE CONVERSION OF A DUPLEX TO CONDOMINIUMS (PA2005 -168) (100 - 20051. Council Member Rosansky and Council Member Nichols recused themselves from voting on the item due to a conflict. Volume 57 - Page 441 City of Newport Beach City Council Minutes October 11, 2005 Assistant Planner Jaime Murillo described the proposed amendment, and stated that it would require that duplex conversions comply with current parking standards. The ordinance would go into effect 180 days from the date of adoption. Motion by Mayor Pro Tern Webb to approve Cade Amendment No. 2005 -008 by adopting Ordinance No. 2005 -19 amending the Condominium Conversion Regulations of Title 19 of the NBMC to increase the minimum number of parking spaces required for the conversion of a duplex to comply with current standards. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway Noes: Council Member Daigle Abstain: Council Member Rosansky, Council Member Nichols 12. CITY HALL OPTIONS FOR PROJECT DELIVERY (contd. from 9/27/05) [351100- 2005). Utilizing a PowerPoint presentation, Public Works Director Badum stated that there are three primary methods for the delivery of a project, and that the Design - Bid -Build method is the traditional method. He described its defining features and characteristics, and listed the pros and cons. Council Member Ridgeway pointed out that a bid is only as good as the design drawings. Public Works Director Badum described the defining features of the Design/Build method, as well as its characteristics. He also listed the pros and cons of using this method. Council Member Ridgeway noted that pro - active management, which was listed as one of the cons for the Design/Build method, could also be considered a pro. Public Works Director Badum described the defining features and characteristics of the Program Management at Risk method, how the method works, and its pros and cons. Additional information was provided and discussed on how a Guaranteed Maximum Price (GMP) would be implemented, and who would bear the unforeseen costs of a project. City Attorney Clauson provided more detailed information on GMP contracts and responded to questions. Public Works Director Badum provided a brief history on the selection process used when Griffin was selected as the company to perform the space needs assessment. He confirmed that staff feels that they could serve as the project manager, as well. City Manager Bludau further confirmed that staff is recommending that the Program Management at Risk method be used for the City Hall project. Council Member Ridgeway stated that the Design- Bid -Build method could probably be eliminated as an option, and City Attorney Clauson noted that the Design/Build method is more appropriate for smaller projects. Mayor Heffernan expressed dissatisfaction with the process used to select Griffin as the company to do the needs assessment, noting that they are in the business of Volume 57 - Page 442 City of Newport Beach City Council Minutes October 11, 2005 building new buildings Public Works Director Badum listed the key factors to consider when making the choice on the method to use, and the estimated completion schedule of a new City Hall and the key issues of each alternative delivery method. James Ross, Public Works Director for the City of Santa Ana, presented his positive experiences in working with Griffin on three projects in Santa Ana. He also spoke in support of using the Program Management at Risk method for facility projects. Public Works Director Badum described the process and the costs that would be associated with selecting a program manager, other than Griffin. Mayor Heffernan questioned the opinion that City Hall needs to be completely replaced. City Manager Bludau and Council Member Ridgeway spoke in support of the need for a new City Hall and the process that has been conducted to date. It was decided that the City Council would vote on the project at their meeting of November S or 22, 2005. Laura Curran expressed concern that there is only one location and one design being considered, and stated that the fire station is driving the design. She suggested that other locations for City Hall and/or the fire station be considered. Dr. Jan Vandersloot agreed with the comments of Mayor Heffernan and also questioned working with Griffin. He stated that there are other alternatives to look at and, for several reasons, suggested that the project be delayed at this time. Mayor Heffernan recessed the meeting at 10:00 p.m. and reconvened at 10:16 p.m. with all Council Members present. N. CURRENT BUSINESS 13. DESIGN FOR SANTA ANA HEIGHTS COMMUNITY CENTER (100- 2005]. Using a PowerPoint presentation, Assistant City Manager Kiff displayed the preliminary plans of the community center concept. He briefly discussed the budget issues, and stated that the next steps are completion of the design, permitting, agreements and funding. In response to questions by the Council, Assistant City Manager Kiff provided more information on the land purchase. He explained that redevelopment money will be used to make the purchase, with the City becoming the owner of the land and the community center. The City would manage the project and use the facility for City functions, with the YMCA managing the fitness components. Council Member Daigle stated that it's important that the facility meets the needs of the community and that input is received. Assistant City Manager Kiff reported that the next issue for Council consideration will be the operating agreement, and the purchase and sale agreement. 14. COASTAL COMMISSION STAFF REPORT ON THE COASTAL LAND USE PLAN (100- 2005]. Volume 57 - Page 443 City of Newport Beach City Council Minutes October 11, 2005 Senior Planner Patrick Alford stated that the updated coastal land use plan is going before the Coastal Commission on October 13, 2005. He provided information on the progress made with the Coastal Commission staff on a number of outstanding issues, which included oil and gas facilities, coastal bluffs and wetlands. Senior Planner Alford reported that the Coastal Commission consists of twelve individuals appointed by the Governor, the Assembly and the Senate. Senior Planner Alford confirmed that the City's website contains updated information on the Local Coastal Program. He further confirmed that the City Council will have the opportunity to review and vote on the final plan approved by the Coastal Commission. Council Member Nichols expressed concern that the plan being reviewed by the Coastal Commission is substantially different than what was approved by the City Council. It was explained that the City has no choice other than to continue negotiating with the Coastal Commission staff up to the time of the hearing and bring the final document back to the City Council for approval. Dr. Jan Vandersloot urged the City Council to accept the Coastal Commission modifications and recommendations, and stated that the Coastal Commission is only concerned that the City complies with the Coastal Act. 15. COUNCIL CONSIDERATION OF EXPANSION OPTIONS FOR PROPOSED CITY HALL STRUCTURE [351100- 2005]. Mayor Heffernan announced that Council Member Selich has taken his place on the Building Committee. Using a PowerPoint presentation, Rick D'Amato, LPA Associates, displayed the various design options that have been considered by the City Council. He also displayed the expansion options that have been considered and the growth potential incorporated into the various options. Council Member Ridgeway reported that the Building Committee is recommending that further expansion not be engineered into the existing building design of 72,000 square feet since there is already future potential for expansion with the existing design and it is unknown how future technology might affect space needs. Motion by Council Member Ridgeway to accept the recommendation of the Building Committee to not engineer the building for additional expansion. Dr. Jan Vandersloot agreed that the project should not be expanded further, but also felt that the project should be delayed at this time and other options looked at. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols O. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. BUCK GULLY DETENTION BASIN AND GRADE CONTROL SYSTEM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF Volume 57 - Page 444 City of Newport Beach City Council Minutes October 11, 2005 CONSULTING (C -3811) [381100 - 2005]. Public Works Director Badum reported that the contract is for RBF Consulting to perform a study on Buck Gully. It is similar to what is being done in Morning Canyon, and is the first step in attempting to stabilize drainage and minimize erosion in the area. Council Member Nichols stated that the homeowners in the area need to be aware of the structure that is being considered, Public Works Director Badum confirmed that a public outreach program is a part of the scope of the contract. Motion by Mawr Pro Tern Webb to 1) approve a professional services agreement with RBF Consulting (RBF), of Irvine, California, for design and permitting services at a contract price of $415,157 and authorize the Mayor and City Clerk to execute the agreement; and 2) approve a budget amendment (06BA -019) appropriating $16,157 from General Fund 7014- C5100805 (Morning Canyon Stabilization Project) into Account No. 7014- C5100815. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 7. NEWPORT BOULEVARD BIOSWALE - AWARD OF CONTRACT (C -3741) [381100- 2005]. Council Member Ridgeway reported that the contract is an attempt to prevent contaminated water from entering the Newport Island area. It was further explained that the contract was not required to go out to bid because it is a design contract. Motion by Council Member Ridgeway to 1) approve the drawings and specifications; 2) award C -3741 to Belaire -West Landscape for the total bid price of $196,252 and authorize the Mayor and City Clerk to execute the contract; 3) establish an amount of $19,000 to cover the cost of unforeseen work; 4) establish an amount of $2,000 to cover the geotechaical testing; and 5) approve a budget amendment (06BA -021) transferring appropriations of $14,251.78 from General Fund 7014- C5100805 (Morning Canyon Stabilization Project) into Account No. 7014- C5100596. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols P. MOTION FOR RECQNSIDERATION - None City Attorney Clauson provided information on the status of the Motion for Reconsideration that was voted on at the City Council meeting of September 27, 2005. Q. ADJOURNMEYT - at 11:37 p.m. to October 25, 2005, at 3.00 p.m. Volume 57 - Page 445 City of Newport Beach City Council Minutes October 11, 2005 The agenda for the Regular Meeting was posted on October 5, 2005, at 2:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 446